On 19 July 2024, the European Commission (the "Commission") adopted a delegated regulation and accompanying annexes containing its regulatory technical standards ("RTS") supplementing Regulation EU 2015/760, as amended by...more
8/13/2024
/ Anti-Dilution Terms ,
Central Bank of Ireland ,
ELTIF ,
EU ,
European Commission ,
European Securities and Markets Authority (ESMA) ,
Final Report ,
Illiquid Assets ,
Investors ,
Liquidity ,
Regulatory Standards ,
Retail Investors ,
Swing Pricing
On 7 May 2024, ESMA published its call for evidence ("CfE") on the review of the Commission Directive (2007/16/EC) on UCITS Eligible Assets ("EAD"). The CfE follows the formal request from the European Commission (the...more
Welcome to the January – March 2024 issue of our Irish Quarterly Legal and Regulatory Developments report for Asset Management and Investment Funds.
This report covers key developments during the quarter, such as: ...more
4/17/2024
/ AIFM ,
Alternative Investment Fund Managers Directive (AIFMD) ,
Asset Management ,
Central Bank of Ireland ,
ELTIF ,
EMIR ,
Enforcement Actions ,
Environmental Social & Governance (ESG) ,
ESA Listings ,
European Securities and Markets Authority (ESMA) ,
Investment Funds ,
MiFIR ,
Regulatory Agenda ,
UCITS
In March, the Council of the European Union published the Alternative Investment Fund Managers Directive (AIFMD II), aimed at harmonising the rules on delegation, reporting and liquidity management, together with bringing in...more
On 11 March 2024, the Central Bank of Ireland (the "Central Bank") reached a significant milestone in finalising its framework for authorisations under the revised European Long-Term Investment Funds Regulation (EU) 2023/606...more
3/12/2024
/ AIFs ,
Asset Management ,
Central Bank of Ireland ,
ELTIF ,
EU ,
European Commission ,
European Securities and Markets Authority (ESMA) ,
Investors ,
Ireland ,
Long-Term Investment Funds ,
QIAIF ,
Retail Investors
On 14 December 2023, the Central Bank of Ireland (the "Central Bank") published its industry letter on asset valuation (the "Industry Letter"), following on from ESMA's final report on its 2022 common supervisory action on...more
1/8/2024
/ Alternative Investment Fund Managers Directive (AIFMD) ,
Asset Valuations ,
Central Bank of Ireland ,
Coronavirus/COVID-19 ,
European Securities and Markets Authority (ESMA) ,
Liquidity ,
Policies and Procedures ,
Risk Mitigation ,
Stress Tests ,
UCITS ,
Valuation
On 19 December 2023, in a very welcome development the European Securities and Markets Authority ("ESMA") published its final report setting out the draft Regulatory Technical Standards ("RTS") under the European Long-Term...more
12/20/2023
/ ELTIF ,
Endorsements ,
European Commission ,
European Securities and Markets Authority (ESMA) ,
Final Report ,
Investment ,
Investors ,
Liquidity ,
Liquidity Management ,
Regulatory Agenda ,
Retail Investors
Welcome to the July – September 2023 issue of our Irish Quarterly Legal and Regulatory Developments report for asset management and investment funds.
This report covers key dates and developments during the quarter, such...more
10/18/2023
/ Alternative Investment Fund Managers Directive (AIFMD) ,
Asset Management ,
Client Assets ,
Cryptocurrency ,
Data Protection ,
Deadlines ,
ELTIF ,
EMIR ,
Environmental Social & Governance (ESG) ,
ESRB ,
EU ,
European Commission ,
European Securities and Markets Authority (ESMA) ,
European Supervisory Authorities (ESAs) ,
Financial Conduct Authority (FCA) ,
FSB ,
Investment Adviser ,
Investment Funds ,
MiFID ,
MiFID II ,
Outsourcing ,
Privacy Framework ,
Regulatory Requirements ,
Sustainable Finance ,
UCITS
Yesterday, ESMA published a risk analysis report outlining the results of its disclosure study on ESG names and claims in the EU funds industry.
ESMA utilised natural language processing ("NLP") techniques to analyse the...more
10/4/2023
/ Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
EU ,
European Securities and Markets Authority (ESMA) ,
Financial Conduct Authority (FCA) ,
Greenwashing ,
Investment ,
Investment Funds ,
Regulatory Agenda ,
Regulatory Reform ,
Regulatory Requirements ,
Reporting Requirements ,
UCITS ,
UK
In this quarter's edition of the legal and regulatory report, we include a number of key outputs from ESMA, including its updates to Q&As on the application of the AIFMD and the UCITS Directive (outlined at sections 1.2 and...more
7/14/2023
/ Alternative Investment Fund Managers Directive (AIFMD) ,
Asset Management ,
Beneficial Owner ,
Central Bank of Ireland ,
Disclosure Requirements ,
ESRB ,
European Banking Authority (EBA) ,
European Commission ,
European Parliament ,
European Securities and Markets Authority (ESMA) ,
Filing Deadlines ,
Financial Markets ,
Investment Funds ,
IOSCO ,
SFDR ,
UCITS
On 24 May 2023, the European Commission (the "Commission") adopted and published its retail investment strategy ("RIS") a key tenet of its Capital Markets Union Action Plan (the "CMU Action Plan"). One of the core objectives...more
6/28/2023
/ Capital Markets ,
EU ,
European Commission ,
European Securities and Markets Authority (ESMA) ,
Financial Institutions ,
Financial Services Industry ,
Investment ,
Investment Funds ,
Proposed Legislation ,
Proposed Regulation ,
Retail Investors
On 13 June 2023, the European Commission (the "Commission") published a significant sustainable finance package on EU Taxonomy, ESG ratings and transition finance.
Expansion of Taxonomy Regulation framework -
The...more
On 1 June 2023, the three European Supervisory Authorities (the “ESAs”) published their respective progress reports (ESMA, EBA and EIOPA) in response to a request for their input from the European Commission (the...more
6/12/2023
/ EIOPA ,
Environmental Social & Governance (ESG) ,
European Banking Authority (EBA) ,
European Commission ,
European Securities and Markets Authority (ESMA) ,
European Supervisory Authorities (ESAs) ,
Financial Conduct Authority (FCA) ,
Financial Services Industry ,
Greenwashing ,
Investment Management ,
National Competent Authorities (NCA) ,
SFDR ,
SMSG ,
Sustainability ,
UK
Welcome to the January – March 2023 issue of our Irish Quarterly Legal and Regulatory Developments report for asset management and investment funds.
This report covers key dates and developments during the quarter under...more
4/21/2023
/ Alternative Investment Fund Managers Directive (AIFMD) ,
Asset Management ,
Companies Registration Office (CRO) ,
ELTIF ,
EMIR ,
EU ,
European Commission ,
European Securities and Markets Authority (ESMA) ,
European Supervisory Authorities (ESAs) ,
Financial Stability Board ,
Investment Funds ,
MiFID ,
Money Market Funds ,
National Competent Authorities (NCA) ,
SFDR ,
UCITS ,
UK
On 24 March 2023, the Central Bank of Ireland (the "Central Bank") published its industry letter (the "Industry Letter") setting out its own findings and expectations following its review of the costs and fees charged to...more
On 20 March 2023, the revised European Long-Term Investment Funds Regulation (EU) 2023/606 (the “Regulation”) was published in the Official Journal of the European Union, entering into force on the twentieth day following...more
Welcome to the October – December 2022 issue of our Irish Quarterly Legal and Regulatory Developments report for asset management and investment funds. This report covers key developments during the quarter under the...more
As outlined in our previous advisory ‘Central Bank’s property fund proposals’, the Central Bank of Ireland (the “Central Bank”) has recently been consulting on two key proposals:
a proposal to introduce leverage limits...more
1.1 ESMA UCITS Q&A updates On 20 July 2022, ESMA published an updated version of its UCITS Q&As with the following new Q&As:
Section X: Depository – new Q&As 7 and 8 on reconciliations; and -
• Section XIII: Delegation...more
10/17/2022
/ Amended Regulation ,
Central Bank of Ireland ,
Enforcement ,
EU ,
European Commission ,
European Securities and Markets Authority (ESMA) ,
FSMA ,
IOSCO ,
ISDA ,
Liquidity ,
Money Market Funds ,
UCITS
On 31 May 2022, the European Union (Undertakings for Collective Investment in Transferable Securities) (Amendment) Regulations 2022 were published in Iris Oifigiúil and will come into operation on 1 January 2023. The...more
7/15/2022
/ Alternative Investment Fund Managers Directive (AIFMD) ,
Asset Management ,
Asset Valuations ,
Belarus ,
Economic Sanctions ,
EU ,
European Central Bank ,
European Securities and Markets Authority (ESMA) ,
Investment Funds ,
IOSCO ,
Notice of Intent ,
Outsourcing ,
Packaged Retail And Insurance-Based Investment Products (PRIIPS) ,
Russia ,
Sustainable Finance ,
UCITS ,
Ukraine